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Boston Heights Overlook |
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Boston Heights Overlook.
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On the agenda of the 06 April 2005 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio
Note: technical revisions to the Zoning Code go into effect the week after this meeting. |
General Notes
Deputy Solicitor Ed Muse, along with colleague Jason Dodson, acted as legal counsel for the
Planning Commission and BZA. Zoning Inspector David Himes was also in attendance,
as was Engineer Steve Schreiber.
Spa Palace
New sign request for 5837 Akron-Cleveland Road.
Spa Palace (charter #1246094) is asking the Planning Commission to review and approve additional signage at their new location: the former Mahnen Power Machinery (John Deere) facility.
This property, at 5837 Akron-Cleveland Road (south of Rt. 303), is a 2.2A lot, parcel #1300817, owned by Donald P. Ries. The property is zoned GB General Business, and has a commercial retail building and fenced storage yard.This company, still co-located in Tallmadge, received approval from the Planning Commission, at the December 2004 meeting, for its use, site plan and proposed signage.
This Month
Mr. Gary Randall, owner of the Spa Palace, explained that they had decided to replace one of the original wall
signs with a new 1.5x24ft sign. It would be internally illuminated from dusk until about 2AM, on a timer.
After examining the plans, the PC approved the new sign "as depicted in Exhibits A & B" including
a neon perimeter -- but noting that the lights may not move or flash, and must be otherwise in compliance with the Code.
Spa Palace
Re-submission of site plan for above-ground display at 5837 Akron-Cleveland Road.
Spa Palace (charter #1246094) had originally filed an appeal of the Zoning Inspector's request for removal of improper above-ground displays at their location at 5837 Akron-Cleveland Road (south of Rt. 303). As part of its approval of the company's site plan and signage, the Planning Commission, at its December 2004 meeting, permitted one pool line to be displayed along Route 8, and two along Akron-Cleveland Road, up to 14x30 feet, each to have their long axes parallel to the ground. The pool liners along Akron-Cleveland Road could only be in the southernmost part of the parcel, away from the building.
At some point during March, Zoning Inspector David Himes cited the company for erecting five (5) pool liners
vertically, in a row along Route 8 (see photo).
Subsequently, the company changed the display to come closer to conformance:
two pools along Route 8 and one along Akron-Cleveland Road -- opposite what was permitted by the PC (see 26-March photo).
As an application of appeal had been filed with the Board of Zoning Appeals, the Board took up the matter at first. After some questioning of Mr. Randall and Zoning Inspector Himes, it was found that no formal citation had in fact been issued to Spa Palace. Further, the BZA's legal counsel indicated that Zoning Code Section 1157.06(b) required that changes in a site plan must be submitted for approval by the Planning Commission. The BZA therefore resolved that the application of appeal had been filed in error, partially due to information given by the Village, and therefore dismissed the application, finding that the company's fee should be returned.
Later in the evening, the Planning Commission took up a new site plan hastily composed by Mr. Randall, and:
"The application of Spa Palace to permit the display of three (3) above-ground swimming pools along the
boundary of its property with State Route 8, to display of two (2) above-ground swimming pools on the inside of
the southwest corner of the existing fence line to the south of its building, and to
maintain an inventory of not more than two (2) in-ground swimming pools along the south side of the paved area
to the south, all as depicted in "Exhibit A" attached hereto [this resolution]; all subject to the
following conditions:
1. The pools permitted herein to be displayed along State Route 8 shall be of a size no larger than 14x30ft.
and shall be displayed with their long axes running north-south along said fence line;
2. The pools permitted herein to be displayed on the inside of the southwest corner of the existing fence line
to the south of the existing building shall be of a size no larger than 12x24ft., and shall be displayed in
their normal above-ground configuration;
3. The pools permitted herein to be maintained as inventory shall be of a size no larger than 12x30ft. and shall be
displayed with their long axes running east-west along the boundary of said paved area; and
4. No supporting structure utilized to secure said pools, including but not limited to any utility poles, shall be of
a height no greater than the short axis of the pool being supported or secured"
... was approved by the Planning Commission.
Air Power of Ohio
To discuss plans for former Ohio Roll Form building at 6607 Chittenden Road.
Air Power of Ohio (a trade name #1477744 of Apo Holdings Inc. of Cleveland, charter #860674), is considering use of the former Ohio Roll Form building at 6607 Chittenden Road. Air Power is in the business of sales, service and rental of air compressor and pump equipment.
This 9.2A lot consists of a 4.77A parcel (parcel #1300002) and a a 4.4A parcel (parcel #1300001). The property is currently still owned by Northeast Machinery Sales Inc. It is located in a GB General Business zoning district, just south of Route 8 Self Storage. It includes a building combining a 2,944 sq.ft. office, a 25,000 sq.ft. warehouse/shop, and an additional 15,800 sq.ft. warehouse/shop. Original construction was in 1972, with additions in 1995 and 1998. The Summit County valuation for this property is $860,030.
Northeast Machinery Sales Inc., also dba Ohio Roll Form Equipment Inc. and Iron Bay Inc., ceased operation at this location sometime in 2004. Business assets were auctioned off on 23 Feb 2005.A representative of Air Power of Ohio introduced the company's distribution and service business to the Planning Commission. The company is considering consolidation of its Cleveland and Canton operations into a single location, and so is considering this property. They were ascertaining whether the zoning was proper for their type of operation, which he noted is "not retail". The company has about 53 employees, of which about 37 would be employed from the new facility. Of those, about 15 would be full-time employees on-site and the rest field service personnel traveling to other locations. He estimated the local payroll at about $1.5M.
There was a discussion of the zoning of the site, whether the building may be conconforming, and how long it would be grandfathered if not. PC Chairman Codrea declined to permit the PC to make an informal assessment, but Deputy Solicitor Ed Muse thought that the matter might end up before the BZA as a conditional use.
Resolution:
Comfort Inn of Boston Heights
Modified sign application for 6731 Industrial Parkway.
Comfort Inn of Boston Heights requested review of a modification of its existing hotel signage at 6731 Industrial Parkway. The hotel, on a 2.17A lot (on parcel #1300853) in the RB Retail Business district, was built in 1996, and is owned by SDA Hospitality Inc. (charter #897040).
Choice Hotels International, the owner of the Comfort Inn brand,
is changing
the hotel logo to its "signature multi-colored circular 'sunburst' on a royal blue background".
The Planning Commission reviewed and approved the request in short order, as no sign sizes or structures
were being altered -- just the color scheme of the existing signage..
Omni Realty Company
Proposing revised plans for land at Route 8 and Boston Mills Road.
Omni Realty (charter #496868), a partner in Omni Turnpike LLC (charter #1333582), made a new proposal for commercial development of the 77 acres northeast of Route 8 and Boston Mills Road, known as Alnola Farms South. The proposal was for "mixed" commercial use: retail and office.
This property is bounded on the west by the BP Oil station and Route 8, and on the west by a large Office Park district in the City of Hudson. On the north, it is bounded by the Ohio Turnpike (I-80), and on the south by an existing residential neighborhood of similar acreage.
In previous proposals, Omni wished to have this property rezoned from its current OP Office Professional zoning to a combination of high-intensity retail and cluster-home residential zoning. The residents of the neighborhood immediately across the street objected to this plan, noting that the OP zoning was put in place specifically as a buffer between residential and other commercial uses. Perhaps more significantly, Village leaders were unenthusiastic about bringing a large number of new homes into town, especially with very much higher density than currently permitted. The Planning Commission declined to approve this rezoning, at its July 2004 meeting, and the Village Council endorsed that decision at its July 2004 meeting. Refer to those meetings for further details.
While Omni Realty focused on its new proposal for the area between the Turnpike and Boston Mills Road,
their overall development plans involve four general areas:
North of the Turnpike:
• At Route 8 and Hines Hills: the previous location of the (nearly-) demolished hotel (Hudson Inn, née Yankee Clipper); already held by Omni;
• Just east on Hines Hill: the parcel that includes the new Liberty Harley-Davidson building, also already held by Omni & its partners;
• Further to the east, up to the Turnpike ramp: "Alnola Farms North"
South of the Turnpike:
• Along Boston Mills Road, southeast of the Turnpike & Route 8: "Alnola Farms South"
Although Omni does not own the Alnola Farms property north and south of the Turnpike, it is presumably acting as an agent for the current owner, Boston Heights Development Company, under a purchase option or similar agreement.
This Month
Greg Baka of Omni Realty, and the company's consultant George S__, showed a new plan that would retain about 20 acres of the current OP Office/
Professional zoning along the south and east of the property. The remaining 57 acres would be rezoning as
GB General Business, and developed as a
shopping center with a combined central cluster of small shops and restaurants and a strip center of larger stores
along the Turnpike. They noted that the westernmost 7A may not be usable if ODOT builds a ramp there, as is
planned for the Route 8 upgrade project. They reiterated their case that the entire site could not be economically
developed as office park within their preferred time frame, and stated that this new proposal was intended to
soften the development impact on the homeowners across the street.
Omni offered to make a contractual development agreement with the Village, binding the company to develop the property generally in accordance with the site plan overview they displayed. In addition, the company would agree to pay for all street and signalization improvements needed at their entrances on Boston Mills Road, with any needed right-of-way being provided from the company's property (though the Village would agree that this would not change the reference line for the necessary 100ft. residential buffer zone). The company would also agree to pay for half of whatever improvements were needed to handle the traffic at Route 8 and Boston Mills, noting that the Village already had a problem there during rush hours when the Hudson office parks let out. (Note, however, that much of that traffic is coming from Omni-owned office developments in the City of Hudson.) Furthermore, the company would agree to bring water and sewer capacity for the existing residential area to Boston Mills Road, though it would not run mains along that road.
The company would have one major entrance toward the west off of Boston Mills Road, a smaller entrance to the east, primary for the office park, and a trucks-only service entrance as far west as possible toward Route 8. Upon questioning by irate homeowners, the company asserted that it would try to keep these entrances from being directly opposite any resident's home or drive.
The Planning Commission had several concerns about the plan and development agreement. Dr. Cheung wondered why the site displays showed the office park areas stopping well east of the edge of the property. This was explained away as an architect's error, and the PC's attention was directed to the development agreement and legal description that said otherwise: OP would be maintained for 300 feet off of Boston Mills Road. Several members were concerned that the legal owner of the property, Boston Heights Development Co., was shown as a party to the agreement but seemed to have no rights or responsibilities. Dr. Cheung asked Village Engineer Schreiber about the need for traffic improvements; Mr. Schreiber said a study would have to be done, as promised by Omni. Mr. Bush asked about the timetable for the project, if rezoning was granted; he was told that some kind of groundbreaking could occur this year, but most activity would start next year due to the need for studies and environmental applications.
From the audience, Mr. Kevin Lightner asked why there was not more attention being given to the Hines Hill Road area, which was already zoning GB and RB. Mr. Baka replied that he had found that potential tenants were more worried about the impact of the Route 8 upgrade project on that site; he told Mrs. Jane Robinson that this was the reason the rumored Sheetz station for that site was delayed. Mr. Lightner asked what the building size limit is in GB; he was told it is 30,000 square feet.
Ultimately, on a motion by Dr. Cheung, the Planning Commission unanimously recommend the requested rezoning
to Council, along with the profferred development agreement, with the following amendments recommended:
1. The present legal owner of the property to be similarly bound by the agreement;
2. The main western entrance to be placed so as to not be directly opposite a residence;
3. Extended utility capacity to accomodate "presently platted residential properties";
4. The Planning Commission to withhold its recommendation on the 50% cost sharing for Boston Mills and Route 8 intersection improvements;
5. That the legal description be confirmed to conform with Omni's verbal description;
6. That language about parking ratios state that parking will be in accordance with current zoning code.
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